97-22314 RESO
,:"
Resolution No. 97-22314
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CITY'S THREE-YEAR CONSOLIDATED PLAN, ADOPTED ON
JULY 26, 1995, SAID AMENDMENTS PERTAINING TO THE
APPROVAL OF SPECIAL NEEDS HOUSING ON A CASE-BY-
CASE BASIS AND TO THE FUNDING OF SINGLE ROOM
OCCUPANCY UNITS.
WHEREAS, on July 26, 1995, the Mayor and City Commission adopted the Thren-
Year Consolidated Plan for federal funds for fiscal years 1995/96, 1996/97 and 1997' /~'8
(Consolidated Plan); and
WHEREAS, on May 29,1996, Douglas Gardens Community Mental Health Center
of Miami Beach, Inc. filed a complaint with the U.S. Department of Housing and Urbcn
Development (U.S. HUD) styled Douglas Gardens Community Mental Health Center2f
Miami Beach. Inc. v. City of Miami Beach CD.. et aI., U.S. HUD Case No. 04-96-02B2.8
(the Lawsuit); and
WHEREAS, on January 22,1997, the City Commission adopted Resolution No 97-
22269, approving and authorizing the Mayor and City Clerk to execute the Conciliatic n
Agreement by and between the City of Miami Beach, Douglas Gardens Community MEmt31
Health Center of Miami Beach, Inc. and U.S. HUD, in settlement of the La\lllSl it
(Conciliation Agreement); and
WHEREAS, the terms of the Conciliation Agreement stipulate that the City shull
consider the adoption of this "Consolidated Plan Resolution" amending the ConsolidatE d
Plan as it pertains to the approval of special needs housing on a case-by-case basis, ar d
the funding of single room occupancy (SRO) units; and
WHEREAS, pursuant to U.S. HUD regulations at CFR 91-105 and CFR 91-505, ar d
the City's Citizen Participation Plan, revised and amended on April 5, 1995, an amendrnelt
to the Consolidated Plan requires that a 30-day period be provided for public comm~n ,
and that two public hearings be held to receive public input on any proposed amend mer t;
and
WHEREAS, a Notice of Public Comment Period was advertised on January 3.J,
1997 for comments to be accepted until March 3, 1997; and
WHEREAS, on February 11, 1997 and on March 5, 1997, two public hearings we'e
held to receive public input on the amendments to the Consolidated Plan.
NOW THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commissi< Iln
of the City of Miami Beach, that the text of the Three -Year Consolidated Plan for feder~1
funds for fiscal years 1995/96, 1996/97 and 1997/98 is amended as follows:
1.) The language "when there is community support" shall be removed from tte
sentence, "Special needs housing can be considered on a case-by-case basis when
there is community support," which appears at page v of the Plan; the langua~ie
"and community support" shall be removed from the sentence, "All SRO, emergency
shelter and homeless initiatives will require a Plan Consistency Review as outl ned
earlier and community support," which appears at page 6-17 of the Plan; the WO/! d
"both" and the language "and community support" shall be removed from tt e
sentence, "Without both an approved Consistency Review and community suppc rt
no project will be approved," which appears at page 6-17 of the Plan; the langL a~ e
"when there is community support" shall be removed from the sentence, "Speci ~I
needs housing will be considered on a case-by-case basis when there is communi y
support," which appears at page 7-55 of the Plan; and the language "when the'"e s
community support" shall be removed from the sentence, "Special needs housir g
can be considered on a case-by-case basis when there is community support,"
which appears at page 3 of the Commission Memorandum No. 645-95, datedJu y
26, 1995, attached as an appendix to the Plan; and
2.) The City's Consolidated Plan, is amended as it pertains to the funding of Silg e
room occupancy (SRO) units, by removing the following language:
"No shelter or SRO units will be funded due to the substantial commitments in the~ e
areas made in previous years," which appears at pages iv and v of the Plan; "r 0
shelter, or SRO units will be funded due to the substantial commitments in the~e
areas made in previous years," which appears at page 3 of the CommisiSic n
Memorandum No. 645-95, dated July 26, 1995, attached as an appendix to U e
Plan; and "The Consolidated Plan modification proposed will not allow ar y
additional shelters or SRO units in the future," which appears at page 8 of Ue
Commission Memorandum NO.645-95, dated July 26, 1995, attached as c n
appendix to the Plan.
,1997.
Approved and Adopted, this
Attest:
Robert Parcher, City Clerk
APPROVEo AS TO
FORM&~
& FOR fXEcUnON
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DA TE:
March 5, 139~
FROM:
Jose Garcia_pedrosa)i ,
City Manager
THREE RESOLUTIO S OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA: A "CERTIFICATE OF:
CONSISTENCY RESOLUTION"; A "SETTLEMENT AWARD
RESOLUTION"; AND A "CONSOLIDATED PLAN RESOLUTION"; ALL IN
ACCORDANCE WITH THE TERMS OF THE CONCILIATION AGREEMENT
BY AND BETWEEN THE CITY, DOUGLAS GARDENS COMMUNITY
MENTAL HEALTH CENTER OF JYlIAMI BEACH, INC. AND U.S. HUD, IN
SETTLEMENT OF THE LAWSUIT STYLED DOUGLAS GARDE!NS~
COMMUNITY MENTAL HEALTH CENTER OF MIAMI BEACH. INC. V
CITY OF MIAMI BEACH. C.D.. ET AL. HUD CASE NO. 04-96-0292-8.
SUBJECT:
RECOMMENDA TION:
Approve the resolutions.
BACKGROUND:
On May 29, 1996, Douglas Gardens Community Mental Health Center of Miami Bea::h
Inc, (Douglas Gardens) filed a complaint with the Department of Housing and Urtar
Development (U.S. HUD) , styled Douglas Gardens Community Mental Health Center 0'
Miami Beach. Inc. v. City of Miami Beach C.D.. et ai, U.S. HUD Case No. 04-96-0292-8
alleging violations of the Fair Housing Act, as amended, 42 U.S.C. 993601-3619 (1989
involving the proposed "Mayfair Project" to be located at the Mayfair Hotel, 1960 Par~
Avenue, Miami Beach, Florida.
On June 18, 1996, the City retained Steel Hector & Davis LLP (special legal counsel) tc
represent the City. Special legal counsel engaged in settlement negotiations for 1hE
above-referenced lawsuit interacting with the U.S. HUD, Office of Fair Housing anc
Enforcement Center, and Douglas Gardens under the conciliation provisions of the Fail
Housing Act.
On January 22,1997, the City Commission adopted Resolution No. 97-22269, approvin~i
and authorizing the Mayor and City Clerk to execute the Conciliation Agreement by anc
AGENDA ITEM R '}~_
DATE 3-~in_
COMMISSION MEMORANDUI'A
MARCH 5, 19S' 7
PACiE2
between the City of Miami Beach, Douglas Gardens Community Mental Health Cent€'r (f
Miami Beach, Inc. and u.s. HUD, in settlement of the lawsuit styled Douglas Gard'en~
Community Mental Health Center of Miami Beach. Inc. v. City of Miami Beach C.D.. elt 8...
U.S. HUD case no. 04-96-0292-8; authorizing the Mayor and City Clerk to execute al
Escrow Agreement for retention and delivery of the General Release and Joint Stipulatiol
of Dismissal with Prejudice pertaining to said lawsuit as to the City; authorizing the firm cf
Steel Hector & Davis LLP, as special legal counsel for the City, to execute the J,)ir t
Stipulation of Dismissal with Prejudice and the Second Joint Stipulation with Prejudice; imi f
further authorizing the Mayor, City Clerk, and Steel Hector & Davis LLP to execute any and
all related documents, subject to review by the City Attorney's Office and Steel Hectc,r (.(
Davis LLP, in full and final settlement of this matter.
ANAL YSIS:
The terms of the Conciliation Agreement stipulate that the City shall consider the adop1iorl
of three resolutions at the March 5, 1997 City Commission meeting: a "Certificate 0:
Consistency Resolution"; a "Settlement Award Resolution"; and a "Consolidated Pial
Resolution".
Certificate of Consistency Resolution
The "Certificate of Consistency Resolution" authorizes the City Manager to issue c
Certificate of Consistency with the City's adopted Consolidated Plan to Douglas GardE!m
for the "Mayfair Project" as described in Douglas Gardens' "Response to the City's RFF
for CDBG funding for FY 1996/1997 [Program Year 22]," dated March 15, 1996 (CDI3(
RFP Proposal #7) (the "Mayfair Project"), which is located at 1960 Park Avenue, Mic:m
Beach, Florida.
Settlement Award Resolution
The "Settlement Award Resolution" amends the text of the fiscal year 1996/97 One- YHal
Action Plan component of the Consolidated Plan, as it pertains to the HOME Investmnn1
Partnerships Program, reducing the proposed Notice of Funding Availability (NOFA), uncler
Project Costs for Acquisition and Rehabilitation, from $1,035,906 to $285,906, the NOI=A
to be issued by the City by the end of fiscal year 1996/97.
This Resolution also authorizes the Mayor and City Clerk to execute a HOME InvestmHn1
Partnerships Program Agreement, substantially in the form of Exhibit "A" attached to the
Conciliation Agreement, with Douglas Gardens to provide for the commitment 01
exclusively uncommitted HOME Investment Partnerships Program funds in the amount of
Seven Hundred and Fifty Thousand dollars ($750,000) for the Mayfair Project, exclusivnly
COMMISSION MEMORANDUM
MARCH 5, . 9~7
PAGE 3
for the acquisition of the property at 1960 Park Avenue, Miami Beach, said resolution not
to become effective unless and until Douglas Gardens complies with the conditions snt
forth in paragraphs 3B(a), (b), and (c) and their respective subparts of the Conciliation
Agreement.
Consolidated Plan Resolution
...
The "Consolidated Plan Resolution" amends the text of the Three -Year Consolidated Pia n
for Federal Funds for Fiscal Years 1995/96, 1996/97 and 1997/98 (Consolidated Planl,
as it pertains to the approval of Special Needs Housing on a case-by-case basis, and th3
funding of SRO units, as follows:
1.) The language "when there is community support" shall be removed from th.~
sentence, "Special needs housing can be considered on a case-by-case basis wine,
there is community support," which appears at page v of the Plan; the langU:lg3
"and community support" shall be removed from the sentence, "All SRO, emergencf
shelter and homeless initiatives will require a Plan Consistency Review as outli,e j
earlier and community support," which appears at page 6-17 of the Plan; the \t\orj
"both" and the language "and community support" shall be removed from th~
sentence, 'Without both an approved Consistency Review and community suppo t
no project will be approved," which appears at page 6-17 of the Plan; the languag .~
"when there is community support" shall be removed from the sentence, "Specie I
needs housing will be considered on a case-by-case basis when there is communit I
support," which appears at page 7-55 of the Plan; and the language "when thene i;
community support" shall be removed from the sentence, "Special needs hou~"in.}
can be considered on a case-by-case basis when there is community support,"
which appears at page 3 of the Commission Memorandum No. 645-95, dated .Iul (
26, 1995, attached as an appendix to the Plan; and
2.) The City's Consolidated Plan is amended as it pertains to the funding of single reon
occupancy (SRO) units, by removing the following language:
"No shelter or SRO units will be funded due to the substantial commitments in th3s"~
areas made in previous years," which appears at pages iv and v of the Plan; "nli)
shelter, or SRO units will be funded due to the substantial commitments in thestl~
areas made in previous years," which appears at page 3 of the Commission
Memorandum No. 645-95, dated July 26, 1995, attached as an appendix to thfl~
Plan; and "The Consolidated Plan modification proposed will not allow ani
additional shelters or SRO units in the future," which appears at page 8 of thll~
Commission Memorandum No. 645-95, dated July 26, 1995, attached as aliI
appendix to the Plan.
COMMISSION MEMORANDUM
MARCH 5, 1997
PAGE 4
In accordance with U.S. HUD regulations at CFR 91-105 and CFR 91-505, and the City's
Citizen Participation Plan, revised and amended on April 5, 1995, an amendment to the
Consolidated Plan and/or the One-year Action Plan component of the Consolidated Plan
requires that a 30-day period be provided for the public to comment on the proposed
change, and that two public hearings be held to receive public input on any proposed
amendment. ..
A Notice of Public Comment Period was advertised on January 30, 1997, for comments
to be accepted until March 3, 1997. The first required public hearing was held by the
Economic and Community Development Division of the Development, Design and Histol'ic
Preservation Department on February 11, 1997. Resolution No. 97-22276, adoptHd
February 5, 1997, called for the required second public hearing to be held by the May:x
and City Commission at the March 5, 1997 City Commission meeting at 11 :00 a.m.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the thme
attached Resolutions: a "Certificate of Consistency Resolution"; a "Settlement Award
Resolution"; and a "Consolidated Plan Resolution"; all in accordance with the terms of the
Conciliation Agreement by and between the City, Douglas Gardens Community Menial
Health Center of Miami Beach, Inc. and U.S. HUD, in settlement of the lawsuit stylHd
Douglas Gardens Community Mental Health Center of Miami Beach. Inc. v. City of Miami
Beach. C.D.. et al. U.S. HUD Case No. 04-96-0292-8.
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